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HomeMy WebLinkAboutTri-colored Bat Email Request to USACEBaker, Caroline D From: Ward Marotti <ward@spanglerenvironmental.com> Sent: Thursday, August 31, 2023 1:43 PM To: Bailey, David E CIV USARMY CESAW (USA); Stephen Dorn Cc: Charlie.Yokley@lennar.com; Thomas, Zachary T; Williams, Kelly; Capito, Rachel A CIV USARMY CESAW (USA); Isenhour, Kimberly T CIV USARMY CESAW (USA); Haywood, Casey M CIV USARMY CESAW (USA) Subject: [External] RE: Nationwide Permits 29 and 18 verification: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) Attachments: Tricolored BatUSACEUpdate.pdf, 2019-02355 NWP 29 and 18 Tearsheet.pdf CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Dave, per the attached statement re: the tri-colored bat from Rachel, please update Condition #4 in the executed permit document, also attached for your convenience. Thanks! Ward Marotti Director - Land & Water Resources Raleigh • Charlotte • Charleston • Tampa a 866-772-6453 980-308-9888 spanglerenvironmental.com Ea ward(a.spanglerenvironmental.com 525 N. Tryon St, Suite 1600 Charlotte, NC 28202 �inlGl f Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited. From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Wednesday, August 16, 2023 8:37 AM To: Stephen Dorn <stephen.dorn@lennar.com>; Ward Marotti <ward@spanglerenvironmental.com> Cc: Charlie.Yokley@lennar.com; Thomas, Zachary T <zachary.thomas@deq.nc.gov>; Williams, Kelly <kelly.williams@deq.nc.gov>; Capito, Rachel A CIV USARMY CESAW (USA) <Rachel.A.Capito@usace.army.mil>; Isenhour, Kimberly T CIV USARMY CESAW (USA) <Kimberly.T.lsenhour@usace.army.mil>; Haywood, Casey M CIV USARMY CESAW (USA)<Casey.M.Haywood@usace.army.miI> Subject: Nationwide Permits 29 and 18 verification: SAW-2019-02355 (Apollo 55 site / Len nar / NC Highway 55/Cary/ Wake County / residential) 0 Please see the attached Nationwide Permits 29 and 18 verification, including Special Conditions and terms and conditions, for the above referenced project. Importantly, this verification includes a monitoring (Special Condition 2) and Compensatory Mitigation (Special Condition 1) requirement. Note that hard copies of the attached documents will not be distributed unless specifically requested. Please let me know if you have any questions. Sincerely, Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David. E.Bailey2@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Ward Marotti <ward@spanglerenvironmental.com> Sent: Tuesday, August 1, 2023 5:38 PM To: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Cc: Charlie.Yokley@lennar.com; Stephen Dorn <stephen.dorn@lennar.com>; Thomas, Zachary T <zachary.thomas@deg.nc.gov> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) Dave: Attached please find an updated SOA from DMS for all mitigation credits detailed below. I reached out to Wildlands (original provider of stream credits) and they advised that they now have none available in the CIF 02 HUC. As a result, all credits will now be purchased from DMS, per attached, dated today. Please advise if you need anything else, or if we have addressed all questions/issues and can expect formal approval in the near future. Thanks for keeping this project at the top of your deep pile! S ANGLER ENVIRONMENTAL, INC. Ward Marotti Director - Land & Water Resources Raleigh • Charlotte • Charleston • Tampa 866-772-6453 980-308-9888 spanglerenvironmental.com ward(ir�spanglerenvironmental.com 525 N. Tryon St, Suite 1600 Charlotte, NC 28202 ®on Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited. From: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Sent: Monday, July 31, 2023 1:57 PM To: Ward Marotti <ward@spanglerenvironmental.com> Cc: Charlie.Yokley@lennar.com; Stephen Dorn <stephen.dorn@lennar.com>; Thomas, Zachary T <zachary.thomas@deg.nc.gov> Subject: RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) Hi Ward. I reviewed the updated PCN/plans for this project and all looks promising. One thing I noticed that requires clarification is the proposed compensatory mitigation plan. The SOAs included in the PCN package (Wildlands from 1/23/2023, NCDMS from 2/20/2023) are older than the SOA from NCDMS (4/21/2023) included with your 4/24/2023 submittal. It would be simplest if you could respond to this email specifying who would supply the riparian non-riverine wetland credits (0.3384 acre at 2:1 = 0.677 credits) and warm water stream credits (395 If at 2:1 + 15 If at 1:1 = 805 credits) for this project, and also attach the most up to date SOA(s). Thanks, and please let me know if you have any questions. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David. E.Bailey2@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Ward Marotti <ward@spanglerenvironmental.com> Sent: Tuesday, July 25, 2023 2:19 PM To: Thomas, Zachary T <zachary.thomas@deg.nc.gov>; Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Cc: Charlie.Yoklev@lennar.com; Stephen Dorn <stephen.dorn@lennar.com> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) Zach: Per the attached confirmation, the updated PCN has been uploaded using Laserfiche, per your below instruction/link. As shown in the attached, "Yes" is checked in the "Is this supplemental information that needs to be sent to the Corps?" box. As a result, please confirm that David will receive these files (2). Please also confirm that you were able to access them. David: Please advise/confirm when you receive these files from DENR/Laserfiche. Thanks! Ward Marotti Director - Land & Water Resources Raleigh • Charlotte • Charleston • Tampa M 866-772-6453 Rvj 980-308-9888 spanglerenvironmental.com 1521 ward(ir�spanglerenvironmental.com 525 N. Tryon St, Suite 1600 Charlotte, NC 28202 Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited. From: Thomas, Zachary T <zachary.thomas@deg.nc.gov> Sent: Tuesday, July 25, 2023 11:11 AM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>; Ward Marotti <ward@spanglerenvironmental.com> Cc: Charlie.Yoklev@lennar.com; Stephen Dorn <stephen.dorn@lennar.com> Subject: RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) Hi Ward, I am unable to access the dropbox as well. If they cannot be sent as PDFs via email, you can upload a copy of the additional information via the supplemental information form, and it will be filed in Laserfiche. Please ensure that you use the "more information response" button and use the existing DWR ID for it to be filed in the correct folder. https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form If you have any questions, please let me know. Thank you, Zach Thomas Environmental Program Consultant, Division of Water Resources North Carolina Department of Environmental Quality Office: (919) 791-4255 zachary.thomas@deq.nc.gov "Please note my new email address" Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 E07> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Sent: Tuesday, July 25, 2023 11:02 AM To: Ward Marotti <ward@spanglerenvironmental.com>; Thomas, Zachary T <zachary.thomas@deq.nc.gov> Cc: Charlie.Yoklev@lennar.com; Stephen Dorn <stephen.dorn@lennar.com> Subject: RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Hi Ward. I tried on 3 browsers and apparently I can't access drop box links. I'll send you a DoD SAFE link where you can send them to me for my review. Thanks. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David. E.Bailey2@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Ward Marotti <ward@spanglerenvironmental.com> Sent: Friday, July 21, 2023 9:40 AM To: Thomas, Zachary T <zachary.thomas@deg.nc.gov> Cc: Charlie.Yokley@lennar.com; Stephen Dorn <stephen.dorn@lennar.com>; Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) Dave and Zach: Please use the below links to download the PCN, which has been updated, per below. To facilitate download, the document has been split into two pdfs. https://www.dropbox.com/scl/fi/ah15ndr2ztenOn02wkrso/Apollo-55-PCN-2nd2023-07- 19. pdf?rl key=vywx1z2l9kfgf3yta6to75m bx&d I=0 https://www.d ropbox.com/scl/fi/c5k3f3ovwde58rhsvcVas/ApoI10-55-PCN-1st2023-07- 19.pdf?rlkey=63tpbvnnje202suesvjtugitc&dl=O Please confirm your receipt of this email, as well as your successful download of the two pdfs. Should you have any questions, please call. Thanks! SPANGLER vIRON l8NTAL, INC. Ward Marotti Director - Land & Water Resources Raleigh • Charlotte • Charleston • Tampa 866-772-6453 980-308-9888 spanglerenvironmental.com ward(a.spanglerenvironmental.com 525 N. Tryon St, Suite 1600 Charlotte, NC 28202 Mon Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited. From: Thomas, Zachary T <zachary.thomas@deg.nc.gov> Sent: Tuesday, July 18, 2023 9:37 AM To: Ward Marotti <ward@spanglerenvironmental.com> Cc: Charlie.Yoklev@lennar.com; Stephen Dorn <stephen.dorn@lennar.com>; Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Subject: RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) Hi Ward, DWR concurs with Dave's comments below and will consider this application on hold until the amended items are submitted for review. If you have any questions, please let me know. Thank you, Zach Thomas Environmental Program Consultant, Division of Water Resources North Carolina Department of Environmental Quality Office: (919) 791-4255 zachary.thomas@deg.nc.gov "Please note my new email address" Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 EQ2�s Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Sent: Thursday, July 13, 2023 11:17 AM To: Ward Marotti <ward@spanglerenvironmental.com> Cc: Charlie.Yoklev@lennar.com; Stephen Dorn <stephen.dorn@lennar.com>; Thomas, Zachary T <zachary.thomas@deg.nc.gov> Subject: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Hi Ward. I appreciate your patience and accommodating my delay. I reviewed your responses and the revised design. I also spoke with the Town this morning. Based on your plan and my conversation with the Town, Lennar would not be responsible for extending Wellness Drive as part of the Apollo 55 Lennar multi -family residential project. As such, the Corps is amenable in concept to your proposed design as a single and complete project. Please amend the proposed impact narrative, proposed plans, and compensatory mitigation plan accordingly. The proposed retaining wall is an appreciated avoidance and minimization measure; however, please confirm with the Town that this feature is acceptable per their requirements in order to avoid future Corps permitting requirements for small design changes. When you submit the revised information, please ensure that other commitments related to direct and indirect impacts are still included. Please let me know if you have any questions. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David. E.Bailey2@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Ward Marotti <ward@spanglerenvironmental.com> Sent: Monday, June 19, 2023 10:39 AM To: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Cc: Charlie.Yokley@lennar.com; Stephen Dorn <stephen.dorn@lennar.com>; Thomas, Zachary T <zachary.thomas@ncdenr.gov> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) Dave: Per you below comments, please see below and attached. If these responses adequately address them, please advise. If you would like further clarification and/or documentation, please advise a few dates/times that you are available and I'll send a Teams invitation so that we can clearly understand/adequately address your outstanding questions/concerns. Thanks! SPANGL R ENVIRONMENTAL, INC. Ward Marotti Director - Land & Water Resources Raleigh • Charlotte • Charleston • Tampa 866-772-6453 980-308-9888 spanglerenvironmental.com ward(a.spanglerenvironmental.com 525 N. Tryon St, Suite 1600 Charlotte, NC 28202 in G f Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited. From: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Sent: Thursday, May 25, 2023 1:58 PM To: Ward Marotti <ward@spanglerenvironmental.com> Cc: Charlie.Yoklev@lennar.com; Stephen Dorn <stephen.dorn@lennar.com>; Thomas, Zachary T <zachary.thomas@ncdenr.gov> Subject: RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) Hi Ward, and thank you for your time during our virtual meeting on 4/19/2023, as well as the responses to our most recent request for additional information. I have reviewed the information and need additional clarification before proceeding with verifying the use of Nationwide Permits (NWPs) 29 and 18 (https://saw- reg.usace.army.mil/NWP2021/NWP29.pdf; https://saw-reg.usace.army.mil/NWP2021/NWP-18.pdf). Please submit the requested information below (via e-mail is fine) within 30 days of receipt of this Notification, otherwise we may deny verification of the use of the NWPs or consider your application withdrawn and close the file: 1) Thank you for your responses to items 3), 4), and 5) of our request for additional information. These items are resolved accordingly. 2) We understand that the applicant only plans to purchase parcels A and a portion of parcel B (New Parcel 4) from the current property owner. However, the plans provided still show Lot D (which is within the "Land to be Purchased by Applicant") as "Reserved for Future Development" even though a portion of that area includes Wetland WA. Given that the applicant plans to recombine lots to acquire ownership of this area, the plans provided should indicate that no additional development will occur here; otherwise, the impacts proposed do not appear to encompass the single and complete project due to reasonably foreseeable additional wetland impacts in Lot D. Further, impacts to Wetland WA in Lot D in addition to those currently proposed are likely to exceed the Nationwide Permit thresholds, thereby requiring evaluation as an Individual Permit. The plans will be updated and state that the applicant will not have additional impacts, beyond those already/currently proposed. 3) During our meeting on 4/19/2023, 1 requested you provide documentation from the Town of Cary confirming that extensions of Wellness Drive from the north and/or Orbit Street from the west (to connect with future Wellness Drive) would not be required as part of your proposed development. The purpose of such documentation would be to justify that the Impacts currently proposed for the Lennar Carolinas Apollo 55 project constitute a single and complete project, and that any future wetland impacts that may result from these future road extensions are independent from the Lennar Apollo 55 project and not "piecemealing" to avoid the limits in an NWP authorization. The Town of Cary LDO you referenced includes only general requirements for street connections, some of which include potential exceptions due to "physical site constraints, such as topography, presence of stream buffers or other natural features", and does not specify the extent of the infrastructure that the Town would require Lennar to construct. As such, this concern remains unresolved. As shown in the attached, the design has been updated to remove the Orbit St. stub and its associated wetland impacts. Additionally, a retaining wall has been added to further reduce impacts associated with Collins Park Ln. Lennar met with the Town of Cary last week re: Wellness Dr. They (the Town) is drafting a memo that will confirm that any extension of Wellness Dr. will be a Town project, driven by their internal planning/community transportation connectivity goals and not part of, nor dependent on, Lennar's Apollo project. We will provide you with the memo upon receipt. 4) The eastern stub of Orbit Street: a. As discussed during our meeting on 4/19/2023, as shown on the plans the current stub location pushes the fill slope into Wetland WA farther than it would if no stub was designed, and this does not appear to minimize impacts as required by NWP General Condition 23(a). Provide a revised plan sheet and impact calculations removing any proposed fill associated with this stub. As stated above and shown in the attached, not only have wetland impacts associated with the previously planned Orbit St. stub been eliminated, but impacts resulting from Collins Park Ln. have been further reduced by the addition of a retaining wall. If this approach is acceptable, please advise and updated impact maps will be provided. b. Further, the location of the stub road facilitates future impacts to Wetland WA (reasonably foreseeable secondary impacts), and further ties the proposed project to "New Lot A (Future Development)." As a minimization measure both for direct and future cumulative impacts, would it be practicable to remove this stub or redesign the interconnecting road location to avoid or minimize future impacts to potential waters of the US? 5) Please note that responses to the questions above may prompt additional information requests to allow full evaluation of the proposed project. See above. Note also that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division of Water Resources (NCDWR) for this project, and that the Corps cannot verify the use of any NWP without a valid 401 WQC. Lastly, per the question in your email dated 5/19/2023, installation of monitoring devices in Stream SD may be done at your discretion; however, this does not imply pending or future verification or issuance of any Corps authorization. Please let me know if you have any questions. Sincerely, Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David. E.Bailey2@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Ward Marotti <ward@spanglerenvironmental.com> Sent: Monday, April 24, 2023 2:59 PM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>; Thomas, Zachary T <zachary.thomas@ncdenr.gov> Cc: Charlie.Yokley@lennar.com; Stephen Dorn <stephen.dorn@lennar.com> Subject: [URL Verdict: Neutral][Non-DoD Source] SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential) Dave and Zach: Per our Teams meeting last Wednesday (19 April 2023), below please find our summary of the outstanding items we discussed at the meeting's conclusion, as well as the additional information that we've assembled to address each: 10 1. Provide documentation to demonstrate that the "stubs" of Wellness Dr. and Orbit St. depicted in the site plans are required by the Town of Cary and not included by the applicant (Lennar) in order to connect future project phases. Response: As shown in the attached excerpts, "The Town of Cary Land Development Ordinance (LDO)" requires that new developments provide street connections to adjacent undeveloped properties. §7.10.3(B) "...roadway interconnections shall be provided during the initial phase of any development plan between the development site and ... each direction ... the subject property abuts." 2. Provide a statement re: Lennar's plan to purchase the proposed portion(s) of existing parcels from the current owner, as well as a draft depicting the proposed recombination and a narrative describing the process and relative timeline: Response: Apollo USA, LLC currently owns the five parcels near the intersection of McCrimmon Parkway and NC HWY 55 highlighted in yellow on the attachment titled EXHIBIT A " PARCELS CURRENLTY OWNED BY APOLLO USA LLC." Lennar-Raleigh Division is purchasing two of these parcels. The parcels to be purchased by Lennar- Raleigh Division are highlighted in yellow on the attachment titled "EXHIBIT B PARCEL OWNERSHIP AFTER PURCHASE." After approval of all necessary permits for construction have been issued by all applicable governmental agencies, the two parcels highlighted in yellow will be recombined and developed for the Townes at Apollo neighborhood. Apollo USA, LLC will retain ownership of the remaining three parcels. 3. Show Stream Impact # 4 (plunge pool) as a permanent impact, resulting from loss of function. Because it will not be a complete loss, only 1:1 mitigation:impact ratio will be required (15 If). As a result of the additional permanent impact, provide an updated Statement of Availability from an approved mitigation provider to document the availability of sufficient stream mitigation credits to offset this additional permanent functional loss. Response: Updated project plans that depict/quantify the above -referenced increase in stream impact are attached, as is an updated SOA, provided by NC DIMS. Note: an updated SOA was requested from the originally proposed stream mitigation provider (Wildlands), but they advised SEI that stream credits were no longer available within the project's HUC. As a result, DMS will provide all mitigation credits necessary (stream and wetland) to offset the project's impacts. SP ANGLE ENVIRONMENTAL, INC. Ward Marotti Director - Land & Water Resources Raleigh • Charlotte • Charleston • Tampa 866-772-6453 980-308-9888 spanglerenvironmental.com 63 ward(a.spanglerenvironmental.com iV 525 N. Tryon St, Suite 1600 Charlotte, NC 28202 in G f 11 Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. 12